The Bombay High Court has ruled that individuals do not have a fundamental right to harass public officials with repeated complaints or baseless allegations. The court upheld a December 2021 circular issued by the Brihanmumbai Municipal Corporation (BMC) that declared four individuals as persona non-grata (unwelcome person) for repeatedly filing similar complaints regarding road conditions and tree-cutting.
The circular stated that these complaints were intended to harass BMC officials and allowed civic staff to ignore repeated grievances on the same issues once adequately addressed.
Two of the individuals, Sagar Daunde and Nanasaheb Patil, challenged the circular in the High Court, claiming it was illegal, arbitrary, and violated their fundamental rights to transparent and timely public services.
A bench of Justices Ajey Gadkari and Kamal Khata, however, dismissed the plea, terming the circular a “conscious and well-considered” decision. The court emphasized that it does not defend public servants who fail in their duties but also noted that public officials cannot be expected to work under constant threats and pressure from habitual complainants.
The court observed that the individuals were declared persona non-grata only after their repetitive complaints had been addressed. “The circular merely permits ignoring repeated complaints on identical issues and hence does not infringe on the petitioners’ fundamental right,” the court said.
It added, “We affirm that no individual has a fundamental right to harass the public officers performing lawful duty by repeatedly filing complaints and appeals on the same issue or casting personal aspersions against them when dissatisfied with their responses.”
“Such threats hinder the smooth functioning of any public office. If the circular is set aside, it would render it nearly impossible for public office staff to perform their duties without fear,” the judges added.
The court clarified that while the circular protects BMC staff from harassment, it does not permit them to ignore new and legitimate complaints. It also acknowledged the gravity of issues like poor road conditions and reckless tree-cutting, stating that such problems require attention.
The bench strongly opposed actions that unfairly target civic officials with malafide intent, asserting that these hinder the efficient functioning of public offices.
